Pankaj Purohit, J
1. By means of this writ petition, petitioner has prayed to issue a writ of certiorari, quashing the order dated 25.05.2022 (Annexure No.4), whereby, respondent No.2 directed to made recovery of Rs.1,44,842/- from his gratuity amount and further to quash the Dew and Drawn Chart (Annexure No.3) prepared by the respondent authorities.
2. Facts in nutshell are that petitioner was appointed as Conductor in the respondent-department on 24.04.1989 and was promoted from time to time and lastly, he was promoted on the post of Senior Clerk and on attaining the age of superannuation, he retired from service on 31.03.2022. The respondents authorities made repay fixation chart of the petitioner and reduced his salary by saying that earlier ACP fixation was wrong, and, vide order dated 25.05.2022, respondent No.2 directed to made a recovery of Rs.1,44,842/- from the gratuity amount sanctioned to the petitioner. Petitioner made representation to the respondent authorities stating that he did not obtained ACP by way of fraud or misrepresentation of facts, but, no action has been taken by respondents-authorities till date. Hence, this writ petition.
3. Learned counsel for the petitioner submits that the controversy has been set at rest by a Coordinate Bench of this Court, vide judgment and order dated 14.06.2022 passed in WPSS No.1593 of 2021 Balam Singh Aswal Vs. Managing Director and Others and Batch of writ petitions, which are subsequently affirmed by the Division Bench of this Court vide judgment and order dated 04.04.2024 in Special Appeal No.245 of 2022, Managing Director, Uttarakhand Transport Corporation, Dehradun & Others Vs. Ashok Kumar Saxena, and Batch of Special Appeals.
4. Learned counsel for the respondents also concedes and states that the matter is covered by the aforesaid judgments.
5. In this view of the matter, the writ petition is allowed in terms of the judgment and order dated 14.06.2022 passed by a Co-ordinate Bench of this Court in WPSS No.1593 of 2021 Balam Singh Aswal Vs. Managing Director and Others and Batch, which is affirmed by a Division Bench of this Court in Special Appeal No.245 of 2022 Managing Director, Uttarakhand Transport Corporation, Dehradun & Others Vs. Ashok Kumar Saxena and Batch, vide judgment dated 04.04.2024. The case of the petitioner shall abide by the aforesaid judgment and order dated 14.06.2022, which was later on affirmed vide judgment dated 04.04.2024 in Special Appeals as stated above.
6. Pending application(s), if any, stands disposed of accordingly.
